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Plaintiff'S Complaint and Jury Demand Parties
Plaintiff'S Complaint and Jury Demand Parties
MIDDLESEX, SS. SUPERIOR COURT DEPT.
CIVIL ACTION NO.:
JOSEPH A. CURTATONE,
Plaintiff,
v.
KIRK MINIHANE, individually, &
BARSTOOL SPORTS,
Defendants.
PLAINTIFF’S COMPLAINT AND JURY DEMAND
PARTIES
1. The plaintiff, Joseph A. Curtatone (“Curtatone”), is an individual who resides in
the City of Somerville (“City”), Massachusetts and at all times relative to the
allegations contained in this Complaint was the Mayor of the City of Somerville.
2. The defendant, Barstool Sports, Inc. (“Barstool”) is a domestic corporation
doing business in the Commonwealth with a principal place of business located
at 75 Adams Street, Suite B, Milton, Massachusetts.
3. The defendant, Kirk Minihane (“Minihane”), is an individual who resides in
Lexington, Massachusetts. At all times relative to the allegations contained in this
Complaint, Minihane was employed by Barstool Sports.
FACTS
4. Barstool is a blog whose President is David Portnoy who is known as “El Pres”
(Portnoy).
5. Portnoy enjoys a reputation for publishing crass content on Barstool.
6. Portnoy has a well-documented affinity for using demeaning and derogatory
language when referring to women.
1
S ee https://www.barstoolsports.com/boston/guess-what-im-bringing-back-the-word-cunt/.
2
See
https://www.bostonherald.com/2019/05/29/the-nfl-broomed-barstools-david-portnoy-so-should-t
he-bruins/.
3
See https://thinkprogress.org/barstool-sports-sexism-30cee73eccc4/.
2
15. In response to Mayor Curtatone’s expressing his opinion, Portnoy launched a
vitriolic personal attack on Curtatone and his family.
16. Portnoy posted on Barstool accusing Curtatone of being a “professional
4
criminal”.
17. Portnoy accused Curtatone’s family of being rapists, arsonists, extortionists, and
murderers.
18. Portnoy stated that “they” (Curtatone’s family) “rape, extort, stab and arson
(sic)”.
19. Portnoy stated that Mayor Curtatone “is a legitimate criminal”.
20. Portnoy made these statements because his fragile ego could not cope with
legitimate criticism.
21. Minihane decided that he would try to interview Curtatone on behalf of Barstool.
22. Minihane claims that he attempted to get an interview using his real name and
was refused.
23. Mayor Curtatone never received any request from Minihane for an interview.
24. Minihane decided to impersonate a Boston Globe reporter named Kevin Cullen
in order to obtain an interview.
25. On June 5, 2019, Minihane spoke to a Public Information Officer for the City of
Somerville, identified himself as Boston Globe reporter Kevin Cullen, and asked
to interview Mayor Curtatone.
26. In response to the request by a person who Mayor Curtatone believed to be
Kevin Cullen, Mayor Curtatone agreed to the telephone interview.
27. On June 6, 2019, Minihane, while in Massachusetts, conducted the telephone
interview of Mayor Curtatone while impersonating Kevin Cullen.
28. Minihane went so far as to alter his normal method of speaking to sound like
Kevin Cullen.
29. Minihane is and was aware that he needed to obtain permission from Curtatone
to audio record their conversation.
4
See
https://www.barstoolsports.com/boston/the-mayor-of-somerville-joe-curtatone-who-appears-to-be
-a-legitimate-criminal-took-a-shot-at-barstool-sports-over-towelgate.
3
30. Minihane, posing as Cullen, asked for Mayor Curtatone’s consent to record him
during the interview by stating “I’m just going to record this so we have it, is that
good?”
31. Mayor Curtatone, believing that he was speaking to a representative of a
legitimate news organization, the Boston Globe, responded “no problem”.
32. Minihane obtained Mayor Curtatone’s “consent” to the recording through fraud.
33. Minihane caused his end of his conversation with Mayor Curtatone to be both
audio and video recorded.
34. Minihane bragged on the recording about having lied about his identity.
35. Barstool placed the recording on its blog.
36. Minihane, acting as an agent of Barstool Sports, published the illegally recorded
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interview on Barstool.
COUNT I
VIOLATION OF M.G.L.A. 272 § 99
37. The Massachusetts Wiretapping Statute makes it illegal to audio record an
individual without his/her consent.
38. M.G.L.A. 272 § 99 imposes civil penalties for violations of the Massachusetts
Wiretapping Statute and affords aggrieved individuals a civil cause of action for
actual damages, punitive damages, and attorneys’ fees.
39. Minihane’s recording of Mayor Curtatone over the telephone, with consent
obtained through fraud by impersonating of a Boston Globe reporter, and then
subsequently published on Barstool, constitutes a clear violation of M.G.L.A.
272, § 99.
WHEREFORE, the plaintiff seeks all available remedies to him afforded under the
law, including damages, punitive damages, costs, attorneys’ fees, and any other relief
permissible.
JURY DEMAND
The plaintiff demands a trial by jury as to all issues properly triable to a jury.
5
See
https://www.barstoolsports.com/video/1333685/kirk-minihane-aka-kevin-cullen-from-the-boston-
globe-interviews-somerville-mayor-joe-curtatone.
4
The Plaintiff,
Joseph A. Curtatone,
By his attorney,
Leonard H. Kesten, BBO# 542042
BRODY HARDOON PERKINS & KESTEN, LLP
699 Boylston Street, 12th Floor
Boston, MA 02116
(617) 880-7100
lkesten@bhpklaw.com
Dated: June 13, 2019